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(영문) 인천지방법원 2017.11.21 2016나63821

손해배상금 및 공사금지급반환

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1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) regarding the main lawsuit shall be revoked, and the revoked part shall be revoked.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The Plaintiff is the owner of the real estate indicated as an indication of the attached property dedicated to the case (hereinafter “instant building”).

B. The Defendants are those who engage in stone construction business, etc. under the trade name of “F,” and Defendant B is the business owner of the above “F,” and Defendant C is the husband of Defendant B, who actually operates the said “F.”

C. The Plaintiff presented to Defendant C the color planning drawings of the annexed building No. 3, which is part of the new design drawings of the instant building (hereinafter “instant drawings”), and sought advice on construction costs, such as building stones attachment.

Accordingly, Defendant C explained to the Plaintiff that the main color part of the instant drawings is 80,000 won per square meter with high red stone, 70,000 won per square meter with Round and potent, and 52,000 won per square meter with inside stairs, and that the inside stairs may be constructed respectively, and the inside stairs part is 80,000 won per square meter, and signed under the bottom.

On June 2, 2015, the Plaintiff entered into a construction contract for stone, stairs, and hot-water construction of the instant building (hereinafter “instant construction contract”) with the Defendants as follows (hereinafter “instant construction contract”).

1. Construction name: Construction of new G neighborhood living facilities and multi-family houses, building stones, stairs, and hot stones;

2. Construction place: Seo-gu Incheon Metropolitan City.

3. Period: From June 8, 205 to June 30, 2015 (21 days);

4. Construction amount: A 5% increase of total expenses after the actual measurement, after the actual measurement, after the settlement of the accounts of 30T -90,000 won, 30T -70,000 won, 40T - 40T - 20T - 30,000 won, - 5.550,000 won (unit price per square meter).

5. Method and time of the payment for the construction work. (1) Payment of the cost of materials after storage of materials shall be made as equal to the cost of materials within three days.

6. Defect warranty rate and period: